|Spencer B. Lythgoe|
Submitted by Spencer B. Lythgoe, Esq.
Published by the National List of Attorneys
The National List currently does not have a member attorney practicing in the state of Vermont who was able to write a white paper for us. If you are a creditor who plans on doing collection business in VT, we wanted to provide answers to at least some of the questions you might have, as well as direct you to some sources you could check out as needed. To that end, we asked attorney Spencer B. Lythgoe to do the research and write the paper for us. He graciously accepted.
Spencer B. Lythgoe is a Utah-licensed attorney. He received a Bachelor’s Degree in Mathematics from Brigham Young University and a Juris Doctor from William & Mary School of Law, where he was a member of the William & Mary Law Review. He has worked for over five years as an attorney/law clerk for the Second District Court for the State of Utah in Ogden, where he has performed legal research on a vast range of subjects, including debtor-creditor actions, and drafted numerous written opinions. He was recently hired as an associate at a law firm specializing in debt collection.
I. Vermont Debt Collection Laws
A. Statutes of Limitations
The following table illustrates applicable statutes of limitations in Vermont:
Type of Action Period Source
Judgments/Renewals (foreign and domestic) 8 years 12 V.S.A. § 506
Contracts (oral or written) 6 years 12 V.S.A. § 511
Civil actions in general 6 years 12 V.S.A. § 511
Open Accounts 3 years 9A V.S.A. § 3-118(g)
Bad checks 3 years 9A V.S.A. § 3-118(c)
Payment of Wages 2 years 12 V.S.A. § 520
It could be debated whether an action based on credit card debt qualifies as an open account or a written contract, and thus, whether it would be subject to a three- or six-year statute of limitations. However, it is generally interpreted in the law today that actions based on credit card debt are actions based on a written contract.